View full sizeFederal regulators announced earlier this year that Skechers agreed to pay $40 million to settle complaints that the company deceived consumers with claims that its sneakers could deliver toned legs, better buttocks and a slimmer body without setting a foot in a gym.

STATEN ISLAND, N.Y. -- Skechers claims its funky-looking Shape-ups
sneakers can help tone the legs and burn calories, but a Tottenville man
contends they're actually a pain in the foot.

Frank Gaudioso, 58, alleges in a lawsuit that he suffered "severe" injuries to his feet and legs while wearing Shape-ups.

Gaudioso alleges the sneakers were defectively designed, manufactured and assembled.

The Staten Island man isn't the first to take the company to task.

Earlier this year, Skechers agreed to pay $40 million to settle Federal Trade Commission charges accusing the company of making deceptive advertising claims. The commission maintained Skechers made unfounded claims that Shape-ups would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles.

While Skechers website currently says the sneakers can increase "lower leg muscle activation" and "calorie burn," improve posture and reduce moderate back pain, it includes the caveat that they must be used properly.

The kicks with the built-up bottom range in price, for men's styles, from $54.99 to $95 for the slip-resistant, work Shape-ups.

According to court papers, Gaudioso ordered a pair of Shape-ups online on June 25, 2010, and they were shipped several days later.

Gaudioso wore the sneakers on "a number of occasions," but maintains his body got more worked over than worked out.

His lawyer, Robert M. Ginsberg of Manhattan, said Gaudioso suffered tears of the Achilles tendon and several ligaments, along with tendinitis, as a result of wearing the sneakers.

Gaudioso also recently underwent ankle surgery, said the attorney.

A spokeswoman for the Manhattan Beach, Calif.-based Skechers said Thursday the company doesn't comment on pending litigation.